Google has filed an appeal in the Delhi High Court against a recent order that found the company guilty in the Google AdWords trademark case. The earlier ruling directed Google to pay Rs. 30 lakh to Hindware and stopped the company from allowing advertisers to use the sanitaryware brand's trademark as advertising keywords on its AdWords platform.
A division bench of Justices V. Kameswar Rao and Manmeet P.S. Arora heard Google's appeal on Friday. The court issued a notice to Hindware and fixed July 24 for the next hearing. The judges did not stop the earlier order for now and said the matter would receive a final hearing on the scheduled date.
Senior advocate Abhishek Manu Singhvi appeared for Google and requested temporary relief from the order to pay damages. He argued that the earlier judgment does not match several previous court decisions or common global practices. Google also said that many countries allow businesses to bid on competitors' trademarks as advertising keywords without treating it as trademark infringement.
The legal dispute started after Hindware claimed that rival sanitaryware companies bought its trademark as a keyword through Google's AdWords service. As a result, advertisements from competing brands appeared when customers searched for Hindware products on Google. Hindware argued that this practice allowed competitors to attract customers who were actually looking for its products.
In its May 22 judgment, the single judge agreed with Hindware's claims. The court said Google received commercial benefits by selling another company's registered trademark as an advertising keyword. The judgment also stated that the practice gave competitors an unfair advantage by showing their advertisements to people searching for Hindware.
The court further observed that Google never received permission from Hindware before offering its trademark to advertisers. It also ruled that Google could not claim protection under Section 79(1) of the Information Technology Act. According to the judgment, Google's role went beyond that of a simple intermediary since it actively sold trademarked keywords for advertising purposes.
The Google appeal could affect the future of digital advertising in India. A decision in Hindware's favor may stop companies from using competitors' trademarks as advertising keywords. A ruling supporting Google could allow the current advertising system to continue, giving businesses more ways to reach customers online.
Many companies depend on Google Ads to promote their products and services. A final decision in this Google AdWords trademark case may shape future rules for trademark protection, online competition, and digital advertising in India. The hearing on July 24 will play an important role in deciding how businesses advertise through search engines in the coming years.
Also Read: Google Loses Final Appeal as EU Upholds €4.1 Billion Android Antitrust Fine